QuestionsQuestions (Republic Act No. 7308)
RA 7308 is known as the Seed Industry Development Act of 1992.
The State shall conserve and develop plant genetic resources; encourage and integrate sectors engaged in the industry; consider seed industry as a preferred area of investment; encourage private R&D and mass production/distribution of good quality seeds; and provide local protection against unfair competition from imported seeds.
Plant material used for production of food, forage, fibers, industrial crops, oil, flowers, grasses, herbs, and aquatic plants, including meristem and clonal propagules such as tubers, corms, cuttings, and micro-propagated plantlets.
A definite quantity of seeds identified by a lot number/identification marks, or every portion of the bag/container whose contents uniformly represent the factors in the label within allowable tolerance.
Breeder Seed is directly controlled by the originating/sponsoring breeder or institution and provides the source for initial and recurring increase of Foundation Seeds. Foundation Seed is the progeny of Breeder Seeds maintained with a minimum acceptable level of genetic purity and identity. Registered Seed is the progeny of Foundation Seeds maintained with satisfactory genetic identity and purity.
A system of seed production geared toward maintaining genetic identity, varietal purity, and standards of quality of superior crop varieties.
Regulation of seed marketing through registration of seed merchants/dealers, compulsory labeling, and establishment of minimum standards of seed quality.
The Council includes: Secretary of the Department of Agriculture (Chairman); Director of Bureau of Plant Industry (Vice Chairman and Executive Director); deans/directors and crop research directors from specified academic and research institutions (UPLB College of Agriculture, Institute of Plant Breeding, PCARRD crop research director, Philippine Rice Research Institute). It also includes two representatives from accredited farmers’ organizations and one representative from the seed industry (appointed by the Secretary of Agriculture).
They are nominated by their respective sectors/associations and appointed by the Secretary of Agriculture for a term of three (3) years.
Presence of five (5) members constitutes a quorum.
To execute and implement Council policies, assist administration/supervision of functional activities, coordinate/monitor/evaluate seed programs of government agencies, administer Council budget appropriations and financial disbursements, and supervise the Secretariat and maintain official records.
It is constituted in the Bureau of Plant Industry; it controls and supervises field inspection services and seed testing laboratories established to ensure attainment of the Act’s purposes.
It samples and analyzes locally produced and imported seed within the Act’s purview and issues corresponding analysis reports; conducts field inspections of seed crops, seed storage and processing facilities and issues corresponding inspection reports.
The Council must adopt a Seed Industry Development Program, which will be implemented by its constituent agencies.
A network of seed centers known as the National Seed Network at the Bureau of Plant Industry and major agricultural colleges/universities to produce sufficient breeder, foundation, and registered seeds of all government-developed varieties.
Technical assistance (training and access to seeds/results of basic research studies); tax and duty exemption for specified technical equipment used in seed processing/sowing/meristem culture/storage/quality testing for the first five years (subject to conditions and Council approval); and a 200% deduction from gross income for research, development, and extension expenses of private Filipino seed producers for the first five years (with implementing rules by the DOF).
Importation in commercial quantities of seed species being produced locally (except certain cases allowed by the Council); exportation of rare species/varieties/lines/strains except for scientific or international exchange purposes determined by the Council; and other activities the Council may deem fit to prohibit.
The Executive Director may search and seize labeled/identified/imported seed lots in violation, but must first secure a search warrant from the proper court with assistance of the PNP or NBI. After due hearing and a judgment that condemnation is suitable, the Executive Director (or designated representative) may order condemnation, but must give the claimant an opportunity to apply for release or permission to process in compliance with the Act, with just compensation in proper cases.
Upon conviction: a fine of not more than PHP 10,000 or imprisonment of not more than five (5) years, or both, at the court’s discretion. For firms/associations, imprisonment is imposed on officers who knowingly participated, abetted, or consented.